Baum v. Rushton, No. 07-7589
In habeas proceedings following a murder prosecution, denial of a habeas petition is affirmed where retrying petitioner following a mistrial due to the discovery of the victim's body did not violate the Double Jeopardy Clause because petitioner failed to rebut a factual determination that the victim's body did not constitute "critical" prosecution evidence.
Read Baum v. Rushton, No. 07-7589
Argued: January 28, 2009
Decided: July 16, 2009
Opinion by Judge King
Dissent by Judge Gregory
John Henry Blume, III, Blume, Weyble & Norris, L.L.C., Columbia, SC
Melody Jane Brown, Office of the Attorney General of South Carolina, Columbia, SC
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